William E. Brock, Secretary of Labor, on Behalf of James W. Parker and Joe E. Brown v. Metric Constructors, Inc.

FLOYD R. GIBSON, Senior Circuit Judge:

Both parties appeal an order of the Federal Mine Safety and Health Review Commission (“Commission”) determining that defendant Metric Constructors, Inc. (“Metric”) violated section 105(c)(1) of the Federal Mine Health and Safety Act of 1977, 30 U.S.C. § 815(c)(1) (1982) (“the Mine Act”) by discharging a group of workers (“Complainants”), who refused to work under what they determined to be hazardous conditions. Metric disputes the Commission’s finding that it violated section 105(c)(1), while the Secretary of Labor (“Secretary”) argues that the Commission…